Archive by Month: August 2023

11th Circuit U.S. Court of Appeals provides detailed instructive opinion on Georgia's bad faith statute

By Gregory R. Veal August 31, 2023 Articles

The 11th Circuit U.S. Court of Appeals has provided a detailed, cogent, and instructive opinion on Georgia’s first-party insurance bad faith statute.  In Turner v. CMFG Life Insurance Co., Case No. 23-11387 (August 28, 2023), the insurer’s investigation began immediately on receipt of the claim for death benefits, continued through the statutory 60-day demand period, and ultimately resulted in full payment under the policy.  The policy beneficiary was not satisfied, though, and sued to recover the bad-faith penalty (up to 50% of the amount owed) and attorney’s fees allowed by O.C.G.A. § 33-4-6.  Under that statute, an insurer may be penalized for failing to pay a claim within 60 days after a proper demand, if the plaintiff can prove the failure was in “bad faith.” Read More